Legislation Regarding Delaware’s notary public laws takes effect on February 1, 2009
All you Delaware notaries out there have received a letter from the State, but in case you forgot…
Senate Bill 246 was signed into law on June 26, 2008. This legislation takes effect on February 1, 2009. Important to note are changes to fees, identification requirements and seal requirements explained below.
Fees
2 year appointment will increase from $53 to $60
4 year appointment will increase from $78 to $90
Identification Requirements are further clarified by Title 29 §4309 (a) to specify personal knowledge or satisfactory evidence of identity as defined in Title 29 §4321. Listed below are the specific documents acceptable for identification which must contain a photographic image of the individual’s face and signature.
United States Passport A certificate of United States citizenship A certificate of naturalization An unexpired foreign passport An alien registration card with photograph A state issued driver’s license A state issued identification card A United States military card
In the absence of identification listed above, the use of a credible witness unaffected by the document or transaction who is personally known to both the notary and the individual continues. The new law has an additional provision to allow two credible witnesses unaffected by the document or transaction who each knows the individual, but not the notary. In this instance, the two credible witnesses must provide an identification document listed above.
Notary Seal
The seal affixed near the notary’s official signature on the notarial certificate must be a sharp, legible, permanent and photographically reproducible image of the official seal. For embossed seals, taking a pencil across the seal or using seal impression inkers (available from most notary suppliers) are both good options. Also, a black-inked rubber stamp is acceptable under Delaware law.
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